| (1) |
The inquiry must be conducted in an expeditious and informal manner which facilitates and promotes participation by the parties. |
| (2) |
The regulations regulating the proceedings of the inquiry must, as far as possible, be interpreted in a manner that gives effect to the guiding principles contemplated in section 4 of the Act. |
| (3) |
The proceedings should, where possible and appropriate, be conducted in an environment conducive to participation the parties. |
| (4) |
The court is a court of record and— |
| (a) |
the proceedings at an inquiry must be recorded by the presiding officer or by a person appointed or designated thereto by the presiding officer; |
| (b) |
the proceedings at an inquiry must be taken down in shorthand or recorded by mechanical means and may be transcribed only if the presiding officer so directs or where required by the Act; |
| (c) |
the shorthand notes or any transcription thereof or any mechanical recording of the proceedings or transcription thereof must be certified as true notes, a true transcription, or a true record taken, as the case may be, whereafter they become part of the record of the proceedings and for purposes of disposal are regarded as records of the civil court. |
| (a) |
On the date assigned by the clerk contemplated in regulation 6(5), a directions hearing must be held by the presiding officer to resolve matters of an administrative or procedural nature in respect of the inquiry. |
| (b) |
At a directions hearing the presiding officer must give such directions in respect of the conduct of the proceedings as he or she deems fit. |
| (c) |
Without detracting from the generality of paragraph (b), the presiding officer may, after hearing the views of the parties to the proceedings, make an order in respect of— |
| (i) |
discovery, inspection and exchange of documents; |
| (iii) |
admission of facts or of documents; |
| (iv) |
the limiting of disputes; |
| (v) |
the joinder of parties; |
| (vi) |
amicus curiae interventions; |
| (vii) |
the manner of service of documents not provided for in the regulations; |
| (ix) |
the filing of affidavits; |
| (x) |
the giving of further particulars; |
| (xi) |
the place and time of future hearings; |
| (xii) |
procedures to be followed in respect of urgent matters; and |
| (xiii) |
the giving of evidence at the hearing, including whether evidence of witnesses in chief is to be given orally or by affidavit, or both. |
| (d) |
In order to give effect to— |
| (i) |
the guiding principles contemplated in section 4 of the Act; and |
| (ii) |
sections 21 (1) and 30(1)(a) of the Act and in exercising his or her discretion in terms of subparagraphs (b) and( c), |
the presiding officer must, as far as possible, follow the legislation governing the procedures in the court in which the proceedings were instituted, with appropriate changes for the purpose of supplementing this regulation where necessary, but may, in the interests of justice and if no one is prejudiced, deviate from these procedures after hearing the views of the parties to the proceedings.
| (e) |
At a directions hearing, the presiding officer must, if a party is unrepresented— |
| (i) |
inform him or her of his or her right to be represented at his or her own expense by a legal representative of his or her own choice and if he or she cannot afford legal representation, that he or she may apply for legal aid and of the institutions which he or she may approach for legal assistance; and |
| (ii) |
explain the contents and implications of any direction or order made in terms of subparagraphs (b) and (c). |
| (a) |
An affidavit made by a witness to the proceedings, may be allowed as evidence to the same extent as oral evidence unless a party objects thereto and if such statement— |
| (bb) |
is signed by the person who made it; |
| (cc) |
contains a declaration by such person that it is true to the best of his or her knowledge and belief; and |
| (dd) |
contains a declaration that he or she made the statement knowing that he or she may be guilty of an offence if he or she wilfully stated anything therein which he or she knew to be false; and |
| (ii) |
has come to the knowledge of the other party at least seven days before the inquiry. |
| (b) |
When an affidavit by a witness has been allowed as evidence in terms of paragraph (a) and if a party subsequently so requests, or the presiding officer is of the opinion that it is desirable, such witness must be subpoenaed to appear in court and such witness may be cross-examined. |
| (7) |
Save as is otherwise provided for in these regulations, the law of evidence, including the law relating to competency and compellability, as applicable in civil proceedings, applies in respect of an inquiry: Provided that in the application of the law of evidence, fairness, the right to equality and the interests of justice should, as far as possible, prevail over mere technicalities. |
| (8) |
The court must, before oral evidence is adduced, administer an oath to, or accept an affirmation from, any witness or party appearing before the court, as if the witness or party were a witness in a criminal case. |
| (a) |
Any party to the proceedings may, during the proceedings in court, be represented by an attorney or advocate or any person of his or her choice. |
| (b) |
The presiding officer must, if a party is represented by a person other than an attorney or advocate and if the presiding officer is of the opinion that such person is not a suitable person to represent the party, inform the party accordingly. |
| a) |
A party may cross-examine any other party who elects to give evidence or who is called by the other party. |
| b) |
The presiding officer must, where necessary and appropriate, ascertain the relevant facts about the complaint and to that end he or she may question any party who elects to give evidence or who is called as a witness at any stage of the proceedings. |
| c) |
The presiding officer may on his or her own initiative call a person to appear before him or her as a witness in the proceedings. |
| 2) |
If a party, during the course of the proceedings, wishes the presiding officer to make an order contemplated in subregulation (5)(c), a motion application is brought to this effect, after notification to the parties and the court. |
| 3) |
The presiding officer may in compelling circumstances postpone an inquiry. |
Further Education and Training Colleges Act, 2006 (Act 16 of 2006)
